The retirement pension is essential for those workers who, once they have decided to retire from working life, need coverage to live with a mattress from that moment on. However, there are cases in which said pension is not granted.
Social Security can deny a retirement pension for many reasons, although the most common usually have a lot to do with the time of prior contribution. Thus, all workers who have not worked for a minimum of 15 years (of which two must be within the last 15) would not be entitled to the contributory retirement pension.
Another of the criteria that can be breached and that, therefore, can cause the pension to be denied is that of the mandatory retirement age: 65 years for those who have worked for more than 37 years and three months and . This limit is lowered two years in the cases of . If the pension is requested before time, Social Security will reject it.
Another special case, which must be up to date with the payment of debts with Social Security. Otherwise, they are not entitled to a retirement pension.
This is how you can appeal a denied pension
In all these cases, however, there may be confusion that leaves the citizen without his pension. Or, also, that the citizen and the administration have different views on certain quoted periods. Be that as it may, if the Security rejects the pension or, after the request, there is no communication in 90 days (this silence is understood as negative), the citizen may, even so, appeal this decision.
, there are several ways to perform this resource. The first one is to file the appeal with Social Security. This procedure must be done within 30 days of receiving the notification of rejection or within 30 days of the end of the 90-day period, if there is no response from the National Social Security Institute.
The agency must respond within 45 days to give a ‘yes’ or a ‘no’ to this claim. And, as in the first step, if he does not give an answer, it is understood as a new refusal to the citizen.
At this point, the aspiring pensioner still has the possibility of suing Social Security before the Social Court within 30 days after notification of denial or after 45 days without a response from Social Security. If the court admits the claim, it will request the documentation and the application, and must decide whether to agree with the citizen (and force Social Security to pay the pension) or not.
If this court also denies their request, the citizen still has to request a first instance appeal in the Superior Court of Justice of their autonomous community or, in another instance, in the Supreme Court. They will be the last steps to take to claim your retirement pension.
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